Terms

TERMS OF USE

SCOPE; ACCEPTANCE OF TERMS OF USE

The Thirst Project, Inc. (“TTP”; “we”; “us”) asks you to review these terms of use (“Terms”). The provisions contained in these Terms – effective as of the above date – govern your access to and use of the website http://www.thirstproject.org/ and all pages combined within it that are owned or operated by TTP, including but not limited to text, content, photographs, video, audio, graphics, and services therein (collectively, the “Site”).

Please read these Terms carefully before using the Site, and please consult them regularly. By accessing or using the Site or its services (including but not limited to donating online to TTP), you signify your acceptance of all provisions of these Terms, in addition to our privacy policy (“Privacy Policy”), available at http://www.thirstproject.org/privacy. If you do not agree to these Terms and/or our Privacy Policy, you should elect not to visit the Site.

CHANGES TO TERMS

TTP reserves the right to change these Terms at any time at its sole discretion. Such changes will be effective immediately upon posting them to the Site. Your use of the Site after such changes have been posted shall constitute your acceptance of all provisions in the revised Terms.

RISKS/USE OF AND CHANGES TO SITE

The Site is provided on an “as is” basis and “as available” basis. We may update the Site from time to time, but its content is not necessarily complete or up-to-date. Any content on the Site may be out of date at any given time, and TTP is under no obligation to update such content. We may change, suspend access to, or terminate the Site at any time with or without notice at our sole discretion.

You assume all risk for your use of the Site. You agree that TTP, its employees, agents, and affiliates have no liability for actions taken or not taken by you or a third party, and you agree to indemnify us and hold us harmless for damages arising out of (1) your use of the Site, (2) your breach of these Terms, (3) your violation of the law, (4) claims asserted by third parties, which, if proven, would place you in breach of these Terms, or (5) information provided by you through the Site. Without limiting the foregoing, in no event shall TTP, its employees, agents, or affiliates be liable for any special, incidental, consequential, exemplary, or indirect damages.

TTP further expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and, without limiting the generality of the foregoing, makes no warranty that TTP will a) meet your requirements; b) meet your expectations; or c) be uninterrupted, timely, secure, or error-free. The foregoing disclaimers of liability apply to all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, or delay in operation or transmission, whether for breach of contract, tortious behavior, including negligence, or any other cause of action.

PROHIBITED USES; RIGHT TO TERMINATE ACCESS

You agree to use the Site only for lawful and legitimate purposes, and to do so in accordance with these Terms.

You agree not to use the Site to, in any way:

  • violate any applicable federal, state, local, or international law or regulation;
  • exploit, harm, or attempt to exploit or harm minors, including but not limited to exposing them to inappropriate content or improperly asking them for personally identifiable information;
  • threaten, harass, or otherwise inappropriately abuse others, including but not limited to TTP, its employees, agents, affiliates, contractors, service providers, or Site users;
  • send, knowingly receive, upload, download, use, or reuse any content which does not comply with these Terms;
  • copy, reproduce, distribute, modify, display, republish, transmit, repost, or otherwise use any of the content on our Site without prior written permission from TTP (which must be sought via the contact information provided below);
  • “spam,” gather, or attempt to gather Personally Identifiable Information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise improperly soliciting or abusing TTP or Site users;
  • engage in dishonest or deceptive behavior, including but not limited to impersonating or attempting to impersonate another person or entity, or attempting to gain unauthorized access to any part of the Site, or the computers, servers, or databases connected thereto;
  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm TTP, its employees, agents, affiliates, contractors, or service providers, the Site, Site users, or expose such persons or entities to liability; or
  • otherwise attempt to interfere with the proper functioning and/or operation of the Site.

TTP reserves the right to terminate the Site or your access to it for any reason, at our sole discretion, including but not limited to your violation of these Terms or engaging in the prohibited uses described above.

COPYRIGHT CLAIMS

If you believe that your copyrighted work has been copied by TTP in a manner that constitutes copyright infringement, please provide TTP’s Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
  • identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TTP to locate the content;
  • information reasonably sufficient to permit TTP to contact you, including at least your name, address, and telephone number.
  • a statement that you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows: Thirst Project, ATTN: Olivia Mazurek, 5478 Wilshire Blvd., Suite 400, Los Angeles, CA 90036, info@thirstproject.org.

GOVERNING LAW; INTERNATIONAL USERS

You agree that your use of this Site, these Terms, our Privacy Policy, and any controversy, claim, or dispute relating thereto, shall be governed in all respects by the laws of the State of California, excluding its conflicts of law rules. Any dispute relating to this Site, our Terms, or our Privacy Policy shall be resolved solely in the state or federal courts located in Los Angeles, California, whose jurisdiction and venue to which you hereby expressly consent. In addition, you hereby waive the right to bring or participate in any claim against TTP, its employees, agents, or affiliates, as a class action, consolidated, multi-district, or collective action, or private attorney general action. If TTP prevails against you in any arbitration or proceeding concerning these Terms or our Privacy Policy, we shall be entitled to recover our legal costs, including attorneys’ fees, in addition to all other available legal and equitable relief.

TTP and the Site are operated in the United States. If you are located outside of the United States, please be aware that any information you provide will be collected in or transferred to the United States. By using the Site and/or providing TTP with your information, you consent to that collection and transfer.

ENTIRE AGREEMENT; SEVERABILITY

These Terms together with our Privacy Policy constitute the entire agreement between you and TTP, superseding any other written or oral agreements or understandings. If a Court finds any provision of these Terms or our Privacy Policy to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions shall remain in full force and effect.

CONTACT US

To contact us and/or inquire about these Terms, please contact Olivia Mazurek, Digital Marketing Coordinator, at Thirst Project, ATTN: Olivia Mazurek, 5478 Wilshire Blvd., Suite 400, Los Angeles, CA 90036, or via email at info@thirstproject.org.